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Ethics in practicing Civil Procedure

Ethics is the ground of success for any task including legal practice.

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Ethics in practicing Civil Procedure

  1. 1. 1 What Ethical Etiquette shall be adopted by Civil Attorneys? In preparing for trial you will be talking with opposing parties, and witnesses on both sides. Both the Code of Conduct and Procedure prohibit attorneys from discussing anything related to the issue being litigated with any opposing party that is represented by counsel without the consent of that counsel unless they are expressly authorized by law. The purpose of this prohibition is to prevent attorneys from disrupting the relationship between client and attorney and thereby gaining an advantage over the opposition. Attorneys may discuss issues unrelated to the matter in controversy. Therefore, if you receive a phone call from an opposing party asking you a question relating to litigation, you must tell them you cant not talk to them without permission of their attorney. You may talk with parties who are not represented; however, you should use caution. First , you must avoid giving legal advice ( which constitutes the unauthorized practice of law) and thereby avoid committing a serious ethical breach. Second , Attorneys must avoid giving legal advice to unrepresented parties. If there is a “reasonable possibility of being in conflict with interest” of their client unless that advice is to secure representation. As an agent of an attorney you are subject to the same prohibition. Part of your trial preparation tasks will often involve helping prepare witnesses for trial. Witnesses who know the question they will be asked by the attorney calling them to the stand and who can anticipate the types of questions opposing counsel will ask generally make more effective witnesses. You will want to advise them about how to dress, how to conduct. CIVIL PROCEDURE CODE , 1908, LL.B. PART III TOPIC: An Introduction to CPC, 26th of Sep,2016 Presented by: SM Zarkoon, Lecturer, B.Sc. LL.B. LL.M. {Criminology & Law of Evidence} University Law College Khojjak Road Quetta. Email: Ph.# 081-2843053
  2. 2. 2 Themselves on the stand, and how to respond to certain tactics commonly employed in cross examination. You may also want to help them prepare by exposing them to mock trial, asking them in advance the questions they are most likely to be asked on the stand. Refrain, however, from doing anything that might encourage them to give false testimony or by over coaching them to the point that their testimony appears staged and they lose credibility.
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